Judged Before Known
by tjtay
Summary: Emily finds out Toby has been taken to jail. Nobody believes that he is innocent, except for Emily. Now, Emily is out to do one thing and one thing alone. To prove that Toby is innocent, and along the way... she might even see why people lie for love. R
1. Innocent Until Proven Guilty

Hey, I just LOVE writing for them! Well I hope you enjoy, and please review!

I woke up the next morning to get ready for school. On the way there, I wondered if Toby got away safely. I didn't go to see him, because I didn't want to risk him getting in trouble. I mean, what if 'A' followed, and then called the cops? There was no way I was going to risk that.

Later that day, while Maya and I were talking in the halls, detective Wilden came up to us.

"Emily, I need to talk to you in the office. Now." He said. Maya looked at me confused, and then, the next thing I know, I'm in the principals office, sitting down across from Wilden.

"What do you want?" I asked him.

"Toby was arrested yesterday." He told me, not answering my question. I sat shocked for a minute. How could that be possible, I hadn't told anyone where he was.

"What?" I asked, trying to make sure I heard right. The detective stood up.

"You know, he was quite shocked and scared when we brought him in. He claims that he had nothing to do with Allison's murder. But he's lying isn't he?" He asked me.

"No he's not!" I yelled at him. He raised his eyebrows.

"Oh really? And how would you know this? Perhaps YOU killed Allison?" He said. I tried to keep my temper under control.

"I know Toby. He would never kill someone. And neither would I." I stated.

"I beg to differ. You see, everything points to Toby. And some even points to you. My theory, you and Toby planned this whole thing, just to get Allison out of the way." Wilden said. I wanted to rip his head off so bad right then, but I knew that that would get me in even MORE trouble.

"Why would we kill Allison?" I asked. He shrugged.

"You were mad at her for rejecting you, and he was mad that she found out about him and Jenna. So you teamed up. You two do seem really close. So close in fact, that Toby was asking for you all night yesterday. He wanted to talk to you. What about he didn't say." The detective said.

"Jenna was in love with Toby. Toby tried to get her to stop, but she threatened to tell everyone that he forced himself on her. And I would NEVER kill one of my best friends." I said, close to tears.

"That doesn't excuse the fact that he wants to talk with you!" He slammed his hands on the desk, and I jumped back slightly.

"Toby is one of my best friends. I know why he wants to talk to me. But him talking to me is none of your business." I told him sternly.

"And why would he want to talk to you Emily?" He asked, sitting back down and looking at me.

"Because I'm the only one who understands him." I said. He looked at me for a second before he continued being annoying

"Lets say that Toby didn't kill anyone. Well than it must have been you. Toby and Allison were together, you found out, got jealous, and killed her." He claimed.

"Your crazy! This is so stupid. Allison and Toby were never together in the first place! Stop jumping to conclusions when you don't even know what happened! Allison was helping him with Jenna. He told me everything. That's why he wants to talk to me. I was the only one who knew. He gave her his coat because it was cold outside. They never met at the kissing rock either." I told him.

"Oh really? He told you this, and you believed him?" Wilden asked looking at me with raised eyebrows.

"Yes, I do believe him! Because I know him. And he would never lie to me." I answered.

"It seems, if what your saying is true, that Toby seems to have some very strong feelings for you. What do you have to say about that?" He said.

"Toby and I are very good friends. He gets me, and I get him. He knows all the bad things about me, but still trusts me. It's the same with me. I know he would never hurt anyone, especially me." I replied.

"Really? And why is that?" He asked, folding his hands neatly in his lap.

"I don't know if he told you this, but my ex-boyfriend almost raped me. Toby, fortunately, was there to help me out. This was way before I was even speaking to him. He took me to the hospital after I fell at homecoming. You can judge all you want, but I KNOW that he would never do ANYTHING to hurt me. And killing Allison, he knew, would have hurt me worse than anything." I told him.

"And you didn't tell the police this because…?" He said.

"Because it was none of their business!" I shouted, standing up.

"Sit down Emily." He said sternly.

"No. I'm not going to sit here, and listen to you accuse Toby and I for something we didn't do. So go accuse someone else." I said, before opening the door and slamming it behind me. I breathed in, wondering how I had got the courage to do that. I began walking down the halls to my next class.

Later at lunch, I sat down next to Spencer and Aria. Hanna was in the hospital after getting hit by a car. We were all still worried, but we were also, all, under a TON of stress. We were all worried about different things, and the police weren't helping ease that stress at all.

"Hey, I heard that detective Wilden pulled you aside and questioned you again." Spencer said. I nodded.

"What happened?" Aria asked, leaning in close to whisper.

"He asked me about Toby." I told them. They got a confused look on their faces.

"He was arrested yesterday night." I said, looking down.

"Really? Wow. But why did they ask you about it?" Spencer asked.

"Because he talked to me last night and he's been asking for me." I answered.

"You talked to Toby!" Aria whispered.

"And didn't tell us!" Spencer cut in.

"He told me not to tell you guys. He explained everything about what happened with Allison and Jenna. He's innocent." I told them.

"You can't be serious Emily. He can't be trusted!" Spencer told me. I finally looked up at her.

"Look, I know him. He didn't do it." I said.

"How?" They asked at the same time.

"I just know. If he wanted to hurt me, or any of us, he would have done it by now." I said.

" She's got a point." Aria said.

"Still, I think that he did it, and the only reason your defending him is because you like him. More than a friend." Spencer said. I looked down again.

"Spencer!" Aria shouted.

"What! It just seems like this whole thing is Toby's fault, and the only reason he's been nice to Emily, is so she would believe him, and in turn, we would too." Spencer replied.

"Its not like that." I said.

"Oh come on Em. You can't ACTUALLY think that he's done nothing wrong. Jenna and him…" She trailed on.

"Yes, ok, so he made a mistake. Lets go tell the whole world so he can be judged even more! Nobody's perfect. If you don't remember Spencer, he was blamed for our mistakes too, so if anyone should be saying sorry to anyone, its us to him. We were just to much of a coward to say anything to anybody. Because of OUR one mistake, everyone is afraid of him, and considers him a freak. Now, if your done judging someone who is in no position to be judged, I'm going to go and visit him. Because unlike some people, I've learned to get to know someone before blaming them for something they didn't do." And with that, I got up and dumped my tray empty, before walking towards the door. I needed to talk to him. To make sure he was alright. To make sure he knew that I would never do anything to hurt him either.

I walked through the doors of the police station. I went to the front desk, who had a lady chewing bubble gum, sitting behind it.

"Can I help you?" She asked, not even looking up from the computer she was typing on.

"Um, yes, I'm here to speak to Toby Cavanaugh." I answered.

"Fourth Cell on the right. You have thirty minutes." She said, before buzzing me in.

I quickly walked through the door, and turned right. I counted four, before I finally found Toby. He was sitting on his little cot, looking down at his hands, a look of sadness written all over his face.

"Toby." I whispered. He quickly looked up at me. He looked a little surprised to see me, and then it was wiped off his face, and replaced with a hint of anger.

"Toby, I swear I didn't tell anyone. I promise. You know I would never do something like that." I told him, gripping the bars of the cell.

He stood up, and walked towards me.

"Then how did I end up in a dusty cell, all alone?" He asked. I looked down at my feet.

"I don't know. I'm sorry. I wish I could do more to convince you, but I can't. Its like you said. Your just going to have to trust me." I told him.

"Ok. So if you didn't say anything, then how did you know I was here?" He asked me. I smiled gently at him.

"Detective Wilden came to school today. He talked to me. Told me you were arrested. He also told me that you were asking for me last night." I answered him.

"Look, Emily, I tried to talk to them. I tried to explain, but they won't believe a word I say. I go to court in two months. Everything points to me, and I know that I'm going to jail. I know that they will never believe me. I'm sorry that I put you through all of this. There's nothing I can do about that. I just hope that, whatever happens, you'll be okay, and you'll believe that I had nothing to do with this." He exclaimed.

"Toby, I'm not going to let you sit in prison, when half the reason you're in here is because of me and my friends. Your innocent. And I'm going to prove you are. I'll come to visit you every day, to make sure your alright. Don't worry. No matter what happens, I will get you out of here." I told him, reaching in and grabbing one of his hands. I smiled a sad smile at him.

"I'll be back tomorrow. Try to get some sleep. No matter what happens, don't give up." I said, squeezing his hand, before letting it go, turning around and walk towards the doors I came in at.

"Emily!" He called after me. I turned around and stopped walking, my hand on the handle of the door.

"Thank you." He said, flashing me a smile.

"What for?" I asked him.

"For believing me." He said. I smiled, waved, and then continued on my way out.

There was no way I was letting them keep Toby in jail. No way was I going to let them take him away from me.

Ok, so what did you think? I thought it was alright, could have been better, but hey, I tried. Tell me if you have any ideas for me, I would be glad to answer all your questions, hope you liked it! Next chapter will be up soon! Review please! :D

-Tj-tay - Taylor


	2. Next On My List To Kill

**Hey guys, here is the next chapter to Judged Before Known! Hope you like it, and PLEASE review! **

**The next day, I was ready to get out of school so I could go see Toby. The only thing I could think about the whole day was him. And if he was okay. **

**So when the bell rang, I jumped up from my seat, grabbed all my stuff and rushed out the door. **

**I didn't stop to say hi to anyone, instead I just jogged my way to the police station.**

**Once the bubble gum chewing desk worker buzzed me in, I rushed to the fourth cell where I saw Toby sleeping silently on his cot. **

**I smiled to myself, glad that he had finally got some rest. I gripped the bars tightly, watching him for a minute. I decided to wait until he woke up, so I turned around and leaned against the bars, sitting down. **

**While waiting, all I could think about was how in the world was I going to get Toby out. I'm only sixteen for crying out loud! I needed proof. I needed to be able to prove that Toby was and still is innocent. People thought that Allison and him were together, how could I proof that theory wrong? And the thing with Jenna and him… It was all too much. My friends didn't believe me, and maybe Hanna would if she wasn't in the stupid hospital. Then it hit me. Hanna… She knew who 'A' was, she knew everything about it, now all I would have to do is talk to her, and try to get her to tell me. But then, there's still no proof. None. **

"**Were you waiting for me?" A voice whispered in my ear. I turned around to see Toby only a inch from my face. I smiled. **

"**Yeah. How did you sleep?" I asked, standing up. **

"**About as good as one can sleep on a cot in prison." He laughed. **

"**Glad to know that you're not going crazy." I laughed with him.**

"**Its only the second day. I have two months to go." He told me. **

"**Better than two years." I replied. He looked down at his feet. I gripped the bars once again.**

"**Don't worry Toby, I'm going to figure out how to get you out of here." I whispered. He looked up.**

"**How?" He asked.**

"**See, now that's the tricky part. I have no evidence proving that your not guilty." I answered him.**

"**Emily I have something I have to tell you." Toby said silently.**

"**What is it? Is it about Allison?" I asked. **

"**No. Its about how I feel. I just have to tell you before anything else happens." He said, wrapping his hands over mine. **

"**How do you feel?" I breathed, looking him in the eyes. **

"**I-" But he was cut off as the door opened, and in walked bubble gum lady. **

"**Your thirty minutes are up." She said, looking at me. **

**I looked back at Toby. **

"**I got to go." I said. His hands were still wrapped around mine.**

"**You'll be back tomorrow right?" He asked me. I nodded. **

"**Come on, we don't have all day." The woman sighed. **

"**Bye Toby." I said, slowly removing my hands from under his.**

"**Bye Emily." He whispered, still gripping the bars, watching me leave. **

**How he felt? What was he going to say? I wish I knew. I wish that that stupid gum girl hadn't interrupted. How he felt about jail? Allison? Jenna? Me? **

**And once again, my day continued with me wondering about Toby. **

**And worst of all, I still didn't know how to get Toby out of jail. **

**I needed to go see Hanna, and then work my way from there. **

**So that's what I did. **

**I reached the hospital, and asked to see her. **

**A few minutes later, I was sitting in a chair beside her bed. She looked terrible. Well of course she did! She had just gotten hit by a fricken car!**

"**Hanna, if you can hear me, I just want you to know that I'm so sorry that you got hurt because of this. But I REALLY need your help. Toby, he's, he's in jail! But he's innocent. I talked to him. The day you got hit, yesterday, and even today! But the point is, that I need to know who 'A' is. Please wake up Hanna." I cried. **

"**Emily, I'm not dead. My head just hurts right now, that's why my eyes are closed." Hanna responded. I wiped my tears from my face, smiling at her. **

"**Sorry. Its just, this past week has been tough, and Toby only has two months before he goes to court, and I need evidence that he's innocent." I told her, as she opened her eyes. **

"**Toby's in jail?" She asked. **

"**Well yeah. That's why I'm here. I need you to tell me who 'A' is." I answered. **

"**Oh yeah, I never got to tell you guys. Well, I was hiding, and I was looking for any unusual signs. It turns out, Ian was the one leaving us the messages. When he met with Allison, she told him everything, as in EVERYTHING. He was the one who took her to kissing rock, and he's the one who killed her. I have a few pictures of him writing on a car, which by the way Aria and Mr. Fitz were kissing in." She told me, speaking hastily. **

**I couldn't believe it. Spence was going to freak. It was Ian!**

"**Wait a second, Aria and Mr. Fitz?" I asked. She nodded. **

"**Creepy." I whispered to myself. **

"**If you want the photos, the camera is in my bag. Its sitting on that table over there." She told me. **

**I quickly went to go dig through her bag, looking for the one thing that could save Toby. And of course it wasn't there. **

**My phone started to ring, so I pulled it out of my pocket. It was a text. **

**I clicked on it, and what I read, horrified me. **

' _**You didn't honestly think I would let you off that easily did you? Sorry liars but if you want the photos your going to have to come find me. Now that you know too much, your next on my list to kill. Have fun, I'll be watching - A ' **_


End file.
